Jaideep Singh v. P N B Housing Finance Ltd. and Ors.

Appeal Dy. No. 106/2023 Date: 15.05.2023

Jaideep Singh Vs. PNB Housing Finance Ltd & Ors.

Present: Shri Akshat Agrawal along with Shri V. K. Shukla, counsel for the appellant,

Shri Shubham Shukla, Advocate holding brief of Shri Abhinav Gaur, counsel for the respondent-Bank, Shri K. Kartikey, counsel for the respondent,

Learned counsel for the appellant has deposited a demand draft No. 501610 dated 12.05.2023 for Rs. 39.00 lacs towards pre-deposit, as an amount of Rs. 2.25 crores has already been deposited by the appellant before this Tribunal. As such, a total sum of Rs. 2.64 crores has been deposited by the appellant towards pre-deposit against the total outstanding amount of Rs. 4,46,59,881.68 as shown in the demand notice dated 18.04.2019, which is more than 50% of the demanded amount, therefore, the appellant is not required to tender any further amount towards pre-deposit for maintaining the appeal.

Accordingly, the waiver application is allowed.

The amount deposited by the appellant today be kept in the shape of FDR in the nationalized Bank for a period of one year in auto renewal scheme.

List this case on 28.08.2023 for rejoinder. Till then the interim order, if any, shall remain operative.

Justice R. D. Khare Chairperson